Evelyn M. Martin - Page 17




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          the corporate sale of land could have resulted in financial gain            
          or income to her husband.3  Like the taxpayer in Charlton v.                
          Commissioner, supra, petitioner possessed only a part of the                
          information, and the information that she did possess was                   
          insufficient to supply her with actual knowledge regarding the              
          amount of the financial gain from the transaction, if any.  In              
          sum and in substance, petitioner knew only that Mr. Martin had              
          transferred his stock in Primera and land was sold.  Without                
          knowledge of additional and complex facts, petitioner would not             
          be in a position to actually know the amount of the financial               
          gain from the transaction, if any.                                          
               We have difficulty discerning any meaningful differences               
          between the taxpayer in Charlton v. Commissioner, supra, who knew           
          of the income source and did not verify the total amount                    
          reportable, and petitioner, who knew that her husband transferred           
          stock and sold land, but had no knowledge of the amount of the              
          financial gain, if any, or of most of the facts that gave rise to           
          that gain.  Unlike the taxpayer in Cheshire v. Commissioner,                
          supra, respondent has not shown that, at the time she signed the            
          return, petitioner had actual knowledge of items underlying the             
          possibility of any financial gain.                                          



               3 Neither party disputes that any gain arising from the                
          stock transfer and land sale would have been reported solely by             
          petitioner’s husband had petitioner and her husband filed                   
          separate tax returns.                                                       





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